A Guide to Nevada "Prostitution & Solicitation" Laws
(NRS 201.354)
Explained by Las Vegas Criminal Defense Lawyers

Despite popular belief, prostitution is illegal in Las Vegas and most of Nevada. Trading sexual favors for money…or merely offering to trade sexual favors for money…is prohibited except in licensed brothels located in rural counties. And the penalties include high fines and even jail.1

In this article our Las Vegas criminal defense lawyers discuss the Nevada crime of solicitation of prostitution. Continue reading to learn its definition, defenses, and penalties. This article also discusses sealing criminal records and related offenses such as pandering.

Definition:

Prostitution is the trading of sexual favors for a fee. But the exchange does not have to include actual penetration or cash to qualify as prostitution. Even sexual touching over clothing counts as a sexual favor. And the fee can be anything of value such as jewelry or drugs.2

Meanwhile, “solicitation” of prostitution is offering or agreeing to engage in prostitution. Examples include accosting a prostitute on the street or posting a prostitution ad online. Solicitation is just as illegal as prostitution itself even if no sex ever actually takes place.

Prostitution and solicitation are against the law in Nevada except for in licensed brothels. Note that both prostitutes and customers may be prosecuted under NRS 201.354.3

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Nevada law draws no distinction between prostitution and solicitation.

Defenses:

Three typical defenses to fight Nevada prostitution charges include “entrapment,” “mistake,” and “lack of overtness”:

  • Entrapment. It is legal for undercover police to pose as prostitutes or customers (called “johns”) in order to catch others in the act of solicitation. However, police are not allowed to pressure people into committing solicitation if these people would not otherwise commit solicitation. Defendants who have been “entrapped” into solicitation should have their charges dropped.4
  • Mistake. Sometimes a solicitation charge is the result of an innocent misunderstanding. Maybe the alleged customer honestly believed the prostitute liked him, and that no money would be involved. Or vice versa. Either way, criminal charges should not stand if there was no offer or agreement to trade sex for money.
  • Lack of overtness. Solicitation of prostitution must be “overt” in order to be criminal.5 Therefore the defendant should not be held liable if any agreement he/she made was too unclear or ambiguous to qualify as solicitation.

Penalties:

Prostitution…or the solicitation of prostitution…is a misdemeanor.6 The maximum penalties include:

  • 6 months in jail, and/or
  • $1,000 in fines7

In addition, the judge usually requires that the person attend a one-day class on the dangers of prostitution. Meanwhile, soliciting a minor under 18 for prostitution is a category E felony.8 The maximum penalties include:

However, judges typically impose probation in lieu of jail for a first offense.9

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For more detailed information on the Nevada offenses of solicitation and prostitution, click on a topic below:

1) Definition of solicitation and prostitution
2) How police make prostitution and solicitation arrests
3) How prosecutors prove defendants guilty of prostitution
4) How to fight prostitution and solicitation charges
5) Penalties for prostitution and solicitation
6) Sealing criminal records for prostitution and solicitation
7) Legal prostitution (licensed brothels)
8) California prostitution law
9) Prostitution's effects on immigration status
10) Prostitution-related crimes
11) Additional resources
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The Strip has several newspaper boxes filled with flyers for “escorts,” which is a veiled reference to prostitutes.

1) Definition of prostitution and solicitation in Nevada

With rare exception, prostitution and the solicitation of prostitution are prohibited in Nevada.10

Prostitution:

Prostitution…which often goes by “hooking”…is the act of exchanging a fee for sexual favors.11 But note that Nevada law takes a broad view of what constitutes “sexual favors” and “fees.” Henderson criminal defense attorney Michael Becker gives an example:

Example: Glen approaches Tracy at a bar in Las Vegas. She then lets him “cop a feel” in exchange for a cigarette. An undercover cop from the Las Vegas Metropolitan Police Department witnesses the act. The cop then arrests them and books them at the Clark County Detention Center on prostitution charges.

It is irrelevant in the above example that Glen and Tracy did not have sexual intercourse. Nor does it matter that Glen did not pay with money. Prostitution involves any type of sexual favor irrespective of penetration. And payment can take the form of anything of value.

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A legal brothel in Pahrump.

Solicitation:

“Solicitation of prostitution” is offering or agreeing to engage in prostitution. In other words, solicitation is attempted prostitution. Even still, solicitation is equally as illegal as prostitution. It does not matter if sex never takes place and money never changes hands.12

Classic solicitation settings are street corners, bars, lounges, strip clubs, massage parlors, nightclubs, gentlemen's clubs, and casinos. But through technology, people now also solicit prostitution over the phone, through print ads, or online such as through Craiglist.

Note that a person need not intend to trade money for sex in order to be guilty of solicitation. All the matters is that the defendant asked or accepted an offer to trade sex for a fee.13 Also note that prostitution can be charged even if defendants used code words to solicit prostitution, such as:

  • “party” = sex
  • “escorts” or “escort services” = prostitutes
  • “ASP” = adult services provider
  • “donation” = payment for sex
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Sex workers or johns may be convicted of prostitution even if no sexual act takes place.

Note that prostitution and solicitation are not separate crimes. People may be charged with violating NRS 201.354 irrespective of whether they committed solicitation or prostitution.

2) How police make prostitution and solicitation arrests in Nevada

Prostitution arrests occur in various ways in Nevada. Sometimes cops witness solicitation in person by patrolling and cruising in their cop cars. Sometimes other witnesses tip them off. But many prostitution arrests result from undercover vice squads conducting prostitution “stings:”

During stings, cops disguise themselves as prostitutes or johns. They go to common solicitation sites, such as bars. They wait to be solicited, or they will solicit prostitution suspects. If they get someone to offer or agree to prostitution, the cops reveal themselves and arrest the person.

Stings may seem like unfair police tactics. But they are perfectly legal as long as undercover cops do not overstep their bounds when tricking suspects into committing solicitation.14Mesquite criminal defense attorney Mike Castillo explains how this can happen:

Example: Ned is an undercover cop assigned to a prostitution sting. He gets dressed in plain clothes and goes to the bar at Jerry's Nugget late Friday night. He sees a scantily clad woman he suspects of prostitution and offers her $100 for sex. She tells him to get lost. Then he threatens to beat her unless he agrees to accept his offer. She says okay, and Ned reveals his badge. He then arrests her and books her at North Las Vegas Detention Center for solicitation of prostitution.

Ned violated his duties as an undercover cop. The woman's rejection of Ned's first offer shows that she would not agree to prostitution but for Ned's threats. It is not lawful for cops to “entrap” suspects into crimes they would not otherwise commit. Had the woman agreed to Ned's first offer before any threats were levied, then he would be within his appropriate powers as an undercover cop.

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Many prostitution arrests in Nevada result from undercover stings.

3) How prosecutors prove defendants guilty of prostitution in Nevada

Defendants in criminal cases are presumed innocent unless the prosecution proves guilt beyond a reasonable doubt. The following are examples of typical evidence the state may try to present in prostitution cases:

  • Video or audio recordings of the alleged solicitation or prostitution. Sometimes undercover officers are “wired” during a prostitution sting.
  • A client book belonging to the alleged prostitute.
  • Large amounts of cash belonging to the alleged prostitute. The cash may be payments from johns.
  • Condoms belonging to the alleged prostitute or john. These may indicate that the defendant was planning to have sex.
  • Eyewitness accounts by the arresting officer or other people who saw the alleged prostitute accepting money or other valuables from a suspected john.
  • Witnesses who may have heard the alleged prostitute and john agreeing to exchange sexual favors for a fee.
  • Witnesses who saw the alleged prostitute and john driving to an agreed-upon location. This suggests that they were meeting to have sex.
  • Sexually provocative attire worn by the suspected prostitute. This may suggest she was selling sexual favors.

In many prostitution cases, the only evidence that the prosecution has is the police report. Juries may be suspicious of cops who did not wire themselves to record the alleged solicitation. If no credible eyewitnesses back up the cop's story, a jury may be unwilling to convict.

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Condoms may be introduced as evidence that the defendant may have intended to engage in prostitution.

4) How to fight prostitution and solicitation charges in Nevada

The three most common defenses to Nevada prostitution charges include entrapment, mistake, and lack of overtness:

Entrapment Defense:

Entrapment in Nevada law is when police wrongly entice someone to engage in criminal activity that he/she is not predisposed to committing.15 Although police are allowed to go undercover, they are not allowed to manipulate a situation to increase the odds of criminal activity.

An example of entrapment is a decoy cop buying drinks for a female patron and then offering her money for sex. By getting the woman drunk, the cop is “entrapping” her into the solicitation of prostitution. So even if the woman agrees to have sex for money, she should not be held liable.

Entrapment is an “affirmative defense.” Therefore the defendant bears the initial burden at trial of showing evidence that the police instigated the crime.16 If the defense attorney can demonstrate that the cop started the conversation that suggested the solicitation, the burden shifts to the prosecutors to show that the defendant was predisposed to commit solicitation anyway…

If the prosecution cannot prove that the defendant was predisposed to prostitution, the case should be dismissed. Note that the prosecution may try to introduce evidence the defendant's past behavior in order to show a predisposition to commit solicitation.17 But if the defendant has no history of soliciting or related crimes, chances are decent that the charges will be dropped.

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Entrapping a person to trade money for sex is a defense to prostitution charges.

Mistake Defense:

The underworld of prostitution can be very confusing. Sex workers use coded language and strange settings to escape suspicion. This may cause genuine misunderstandings where defendants are falsely accused of trading sex for money.

An example is a man going to a massage parlor and paying for a back rub. If he has no idea that the place is actually a brothel, he is not guilty of prostitution if the masseuse suddenly performs sexual favors on him.

Therefore the Nevada defense of mistake applies when the defendant never agreed to commit prostitution even though the other party believed there was an agreement. If the court believes that the prostitution charge resulted from an innocent mistake, the case should be dismissed.

Lack of overtness:

Nevada prostitution laws mandate that solicitation be “overt” in order to be criminal.18 An example of an overt solicitation is a verbal agreement to exchange a specific amount of cash for sexual acts. A defense attorney may therefore try to argue that the defendant's words were not clear or unambiguous enough to justify a solicitation conviction.

A similar defense tactic is to argue that any agreement the defendant made did not involve the exchange of money for sex. Perhaps the defendant agreed to have sex for no money. Or perhaps the defendant agreed to lend a prostitute money for reasons unrelated to sex. Either way, a solicitation charge should be sustained if the prosecution cannot demonstrate an overt agreement.

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Prostitution carries up to 6 months in jail.

5) Penalties for prostitution and solicitation in Nevada

Judges tend to hand down harsher sentences to alleged prostitutes than to alleged customers. This is because hookers are often repeat-offenders with lengthy criminal records. Meanwhile, many johns rarely seek out prostitutes and many have never been arrested before.19

Either way, prostitution and solicitation are charged as misdemeanors
in Nevada
. 20 People convicted of prostitution face a sentence of:

  • Fines of up to $1,000, and/or
  • Up to 6 months in jail21

Note that people arrested for prostitution in Nevada must submit to an HIV test.22 The state then must send positive HIV test results certified mail to the arrestee's address. Or else the state must hand-deliver the results if the arrestee is in custody.

Also note that arrestees who have been notified of their positive HIV test results are then ordered to appear in court within 45 days to declare they are aware of the results.23 These court records will then be used against the arrestees if they are ever arrested again for prostitution…24

Soliciting prostitution after having tested positive for HIV is a category B felony in Nevada if the person has been given notice of his/her HIV-positive status. Penalties include:

Plea Deals:

Sometimes prosecutors agree to dismiss a first-time offender's prostitution charge if he/she agrees to the following plea bargain:

  • Pay a $250 fine or perform 25 hours of community service (many prosecutors require community service to prevent the defendant from paying the fine with prostitution earnings); and
  • Complete an AIDS Awareness class or a prostitution education class (the prostitution education class is usually called the First Offender Prostitution Program, or “FOPP,” or “John School.”); and
  • Succeed in avoiding further arrest or citations (other than for minor traffic offenses) until the case is closed. This requirement is called “stay out of trouble,” or SOOT.
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Prostitutes often face harsher penalties than customers of prostitutes.

If the prosecutor refuses to dismiss a prostitution charge, the defense attorney may be able to get the charge lessened to something more minor. Two common misdemeanors that prostitution charges may be reduced to are “trespass” and “disorderly conduct.”

  • The Nevada crime of trespass is when someone goes or stays on another's property without permission or against the owner's will.26 Sometimes police arrest prostitutes for trespass just for going on casino property, where solicitation frequently takes place.
  • The Nevada crime of disorderly conduct is a highly subjective “catch all” offense for disruptive outbursts.27 It is what Harvard professor Henry Louis Gates, Jr., was arrested for in Cambridge after allegedly yelling at a cop.28

Pleading to trespass or disorderly conduct is preferable to a prostitution conviction. They are vague offenses without the stigma that prostitution carries. Having them on a criminal record is not as damning as solicitation, which may turn off potential employers.

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Sometimes prostitution charges may be lessened to the more minor offense of trespass.

Repeat Offenders:

Nevada solicitation law does not mandate tougher penalties for repeat offenders. However, prosecutors are less willing to negotiate down charges for repeat offenders.

Recently, Las Vegas Metro's Vice Detectives created a most-wanted list called VETO (Vice Enforcement Top Offenders). This list includes names of all the women most frequently arrested for prostitution (sometimes more than 100 times).

The Las Vegas City Attorney's Office tries to achieve full solicitation convictions in many VETO cases. But prosecutors do offer some VETO defendants the following plea bargain:

  • A suspended sentence (which means no jail unless the defendant fails to complete other sentencing terms),
  • 100 hours of community service,
  • An AIDS awareness class,
  • and order to refrain from entering casinos for several months.29
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Some repeat prostitution offenders may be able to avoid jail if they take an AIDS awareness class and do 100 hours of community service.

Prostitution with children:

Soliciting a child under 18 for prostitution is a category E felony in Nevada.30 The punishment includes:

However, suspects of soliciting a child for prostitution may face additional felony charges including the Nevada crime of statutory sexual seduction 32, the Nevada crime of lewdness with a child under 14 33, or even the Nevada crime of sex trafficking 34. Lewdness and sex trafficking carry potential life sentences. And the defendant may have to register as a sex offender
in Nevada
.35

6) Sealing criminal records for solicitation and prostitution in Nevada

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There is a 2-year waiting period before people may get a prostitution conviction sealed from their criminal records.

It is always recommended that people with solicitation convictions try to get their criminal records sealed. A prostitution conviction is not only embarrassing and socially stigmatizing…it may hurt the person's chances of future employment.

People convicted of prostitution in Nevada have to wait at least 2 years after the case is closed to commence the record seal process. But if the defendant got the prostitution charge dropped with no conviction, he/she can seal the record of his/her prostitution arrest immediately.36

Note that there is a 15-year waiting period to seal a criminal record of engaging in prostitution if the person knew he/she had HIV. And if the prostitution involved a child, it may not be possible to get the record sealed at all.37 Learn more about the Nevada criminal record seal process.

7) Legal prostitution in Nevada (licensed brothels)

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A licensed brothel in Nye County.

Nevada is the only state that allows some form of legal prostitution. However, it is heavily regulated by state and local government.38

State law prohibits prostitution in counties with 400,000 or more residents. This disqualifies Clark County, which includes Las Vegas.39 Meanwhile, the local governments of Douglas, Lincoln, and Washoe Counties and Carson City have banned prostitution as well.40

Legal prostitution may take place only in licensed brothels in the remaining 12 Nevada counties that have not prohibited prostitution. The following are some of the rules that licensed brothels must abide by:

  • Brothel prostitutes must submit to regular HIV and STD testing.41
  • Brothel prostitutes must use condoms.42
  • Brothels cannot be located close to a school or a church.43
  • Brothels cannot be located on a principal street.44
  • Brothels may not advertise in counties that prohibit prostitution.45

Furthermore, the sex workers employed at brothels must be employed there by their own free will. They have to be legal adults, apply for work cards like any hotel or casino worker would, and be paid fair wages for their services.46

Currently, there are about two-dozen brothels operating throughout eight Nevada counties. And recently, state law has been changed to allow male prostitutes to work in licensed brothels as well.47

8) How California prostitution laws differ from Nevada's

As in Nevada, the California crime of solicitation & prostitution in Penal Code 647(b) is a misdemeanor. However, California's definition of solicitation and how its sentences are handed down are more complex:

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Prostitution is a misdemeanor in both California and Nevada.

California definition of solicitation:

Under Penal Code 647(b), solicitation in California is a specific intent crime. Therefore a person is guilty of solicitation in California only if he/she intended to go forward with the sex.48 In contrast, Nevada solicitation suspects are guilty whether or not they intended to go through with the sex…all that matters is they offered or agreed to trade money for sex.49

Also in contrast to Nevada, California separates offering to engage in prostitution and agreeing to engage in prostitution into two distinct crimes.50 In order to be liable for “agreeing to prostitution” in California, the suspect must have performed an “act in furtherance” of the prostitution such as paying money.51

California penalties for prostitution:

Unlike Nevada, prostitution in California is a prioriable crime…this means that penalties increase with each successive offense:

  • A first-time conviction carries up to 6 months in jail and/or up to a $1,000 fine.
  • A second-time conviction carries 45 days in jail.
  • A third-time conviction carries a minimum of 90 days.52

Unlike Nevada, California Penal Code 647(b) levies extra penalties if the solicitation occurred in the defendant's car and within 1,000 feet of a residence: The defendant may have his/her license suspended for up to a month or be given a restricted license for 6 months.53 In Los Angeles, the police may even seize the vehicle.54

9) How prostitution or solicitation charges affect immigration status in Nevada

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Non-citizens charged with prostitution may be deported.

Prostitution may be considered an inadmissible offense in Nevada. This means that undocumented aliens suspected of prostitution might not be allowed into the U.S.55

In addition, prostitution may be considered a crime involving moral turpitude in Nevada. This means that legal aliens convicted of it may be deported.56

Therefore it is vital that non-citizens charged with prostitution in Nevada retain legal counsel who is experienced in immigration law. They may be able to get the charges reduced or changed to non-removable offenses.

10) Crimes related to prostitution in Nevada

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Some prostitution suspects are charged with related crimes including indecent exposure, rape, or robbery.

Sometimes prostitution suspects may face additional criminal charges. For example if an act of prostitution ceases to be consensual, the john could be convicted of rape as well as prostitution. The following are some of the Nevada crimes that are frequently associated with NRS 201.354:

  • Nevada open and gross lewdness laws usually involves exposing one's body or having sex in public. An act of prostitution that occurs in public could expose the prostitute and customer to charges of open and gross lewdness.
    A first-time offense is a gross misdemeanor in Nevada carrying up to 1 year in jail and/or up to $2,000 in fines. Otherwise it is a category D felony in Nevada carrying 1 to 4 years in Nevada State Prison and maybe a fine of $5,000.57
  • Nevada indecent exposure laws prohibit the “open and indecent or obscene exposure” of one's body. Police may arrest suspected prostitutes or johns for indecent exposure if they “flash” or make other suggestive gestures while soliciting prostitution.
    A first-time offense is a gross misdemeanor with a sentence of up to 1 year in jail and/or up to $2,000 in fines. Subsequent offenses are a category D felony carrying 1 to 4 years in Nevada State Prison and maybe a fine of $5,000.58
  • Nevada pimping and pandering laws prohibit people from making money from the prostitution of others. The common name for a panderer is a pimp. Penalties are much harsher than prostitution - the minimum penalty is a year in prison.59
  • Nevada sex trafficking laws punish people who cause children to be sex workers or who force or threaten adults to be sex workers. Penalties can include a life sentence.60
  • Nevada sexual assault (rape) laws prohibit nonconsensual sex. Customers who rape prostitutes face much harsher penalties than for a prostitution conviction. Sexual assault carries a life sentence.61
  • Nevada trick-rolling laws concern prostitutes who steal cash or other valuables from their customers. Note that a defendant may be convicted of trick-rolling irrespective of whether the hooker and john had sexual relations.
    Violations of Nevada trick-rolling laws may be prosecuted as either the Nevada crime of robbery or Nevada crime of larceny from a person depending on whether the prostitute used force or threats. Penalties for robbery and larceny from a person can include high fines and years of incarceration.62
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Penalties from prostitution-related crimes are much harsher than those for prostitution itself.

11) Additional Resources

There are many national, state, and local organizations committed to helping sex workers: The Sex Workers Project (SWP) offers legal services and training as well as advocates for sex workers' rights. The Sex Workers Outreach Project (SWOP) is a multi-state anti-violence campaign that addresses the violence sex workers endure because of their criminal status. Project Bayswan provides information about sex workers' rights and advocates for sex workers. The North American Task Force on Prostitution (NTFP) champions the rights of sex workers. ECPAT USA works to stop child prostitution. And Desiree Alliance is a Henderson, Nevada-based organization that helps advance health services and political advocacy for sex workers.

Arrested for solicitation of prostitution in Nevada? Call a lawyer for help…

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Call us at 702-DEFENSE

If you have been accused of “solicitation of prostitution” in Nevada, call our Las Vegas criminal defense attorneys at 702-DEFENSE (702-333-3673) for a free consultation. We may be able to get the charge reduced or dismissed so your record stays clean.

We represent clients throughout Nevada, including Las Vegas, Henderson, Washoe County, Reno, Clark County, Carson City, Laughlin, Mesquite, Bunkerville, Moapa, Elko, Pahrump, Searchlight and Tonopah.

For more information see our articles on misdemeanor in Nevada, gross misdemeanor in Nevada, category D felony in Nevada, category C felony in Nevada, category B felony in Nevada, category E felony in Nevada, Nevada trick-rolling laws, Nevada crime of larceny from a person, Nevada crime of robbery, Nevada sexual assault laws, Nevada crime of sex-trafficking, Nevada pandering laws, Nevada open and gross lewdness laws, Nevada indecent exposure laws, inadmissible offense in Nevada, Nevada prostitution lawyers, Nevada solicitation lawyers, Las Vegas prostitution lawyers, Las Vegas solicitation lawyers, crime involving moral turpitude in Nevada, California crime of prostitution, Nevada criminal record sealing process, Nevada crime of trespass, Nevada crime of disorderly conduct, Nevada crime of statutory sexual seduction, Nevada crime of lewdness with a child under 14, Nevada crime of sex trafficking, sex offender in Nevada, Clark County Detention Center, North Las Vegas Detention Center, Mesquite criminal defense attorney, Henderson criminal defense attorney, and entrapment in Nevada.

Legal References


1 NRS 201.354.

  1. It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.
  2. Except as otherwise provided in subsection 3, any person who violates subsection 1 is guilty of a misdemeanor.
  3. A person who violates subsection 1 by soliciting a child for prostitution is guilty of a category E felony and shall be punished as provided in NRS 193.130.

CCO 12.08.015.  It is unlawful for any person to accost, solicit or invite another in any public place or in or from any building or vehicle by word, gesture, publication or any other means to commit, offer, agree to afford an opportunity to commit an act of prostitution.

2 NRS 201.295. As used in NRS 201.295 to 201.440, inclusive, unless the context otherwise requires:

  1. "Adult" means a person 18 years of age or older.
  2. "Child" means a person less than 18 years of age.
  3. "Prostitute" means a male or female person who for a fee engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.
  4. "Prostitution" means engaging in sexual conduct for a fee.
  5. "Sexual conduct" means any of the acts enumerated in subsection.

3NRS 201.354.

4Foster v. State, 116 Nev. 1088, 1092-1093, 13 P.3d 61, 64 (2000) (“The entrapment defense is made available to defendants not to excuse their criminal wrongdoing but as a prophylactic device designed to prevent police misconduct.”).

5Dinitz v. Christensen, 94 Nev. 230, 234, 577 P.2d 873, 875 (1978) (“The legislative purpose in proscribing solicitation for prostitution is to eliminate this type crime. The crime requires overt solicitation for purposes of prostitution.”).

6 NRS 201.354(2).

7 NRS 193.150.

8 NRS 201.354(3).

9 NRS 193.130(e).

10 NRS 201.354.

11 NRS 201.295(3).

12See NRS 201.354(1).

13Glegola v. State, 110 Nev. 344, 348, 871 P.2d 950, 952 (1994) (“[W]e conclude that solicitation for prostitution is a general intent crime. A person commits the crime of solicitation for prostitution if the person offers, agrees, or arranges to provide sexual conduct for a fee.”).

14Foster v. State, 116 Nev. 1088, 1092-1093, 13 P.3d 61, 64 (2000) ("'The function of law enforcement is the prevention of crime and the apprehension of criminals. Manifestly, that function does not include the manufacturing of crime.'").

15Foster v. State, 116 Nev. 1088, 1095-1096, 13 P.3d 61, 66 (2000) (“Therefore, we hold that when a defendant raises the entrapment defense at trial, evidence of a prior crime may be admitted to show that the defendant was predisposed to commit the instant offense where: (1) the other crime is of a similar character to the offense on which the defendant is being tried; (2) the other crime is not too remote in time from the offense charged; and (3) the probative value of the other crime is not substantially outweighed by the danger of unfair prejudice.”).

16Foster v. State, 116 Nev. 1088, 1091, 13 P.3d 61, 63 (2000) (“As we have often recognized, entrapment is an affirmative defense . . . The defendant bears the burden of producing evidence of governmental instigation … Once the defendant puts forth evidence of governmental instigation, the State bears the burden of proving that the defendant was predisposed to commit the crime.”).

17Foster v. State, 116 Nev. 1088, 1094, 13 P.3d 61, 65 (2000) (“When a defendant raises the defense of entrapment, he places his predisposition to commit the crime in issue.”).

18Dinitz v. Christensen, 94 Nev. 230, 234, 577 P.2d 873, 875 (1978).

19Salaiscooper v. Eighth Judicial Dist. Court ex rel. County of Clark, 117 Nev. 892, 904-905, 34 P.3d 509, 517 - 518 (2001) (“Because the State presented evidence that the purpose of the policy's buyer/seller distinction was to deter acts of prostitution, the justice court's findings that the policy did not run afoul of the Equal Protection Clause is supported by substantial evidence. People v. Superior Court of Alameda County, 19 Cal.3d 338, 138 Cal.Rptr. 66, 562 P.2d 1315, 1320 (1977). Other jurisdictions have reached an analogous conclusion, holding that it is constitutionally permissible to treat prostitutes differently than the customers who patronize them.”).

20 NRS 201.354(2).

21 NRS 193.150.

22 NRS 201.356. (Defendants who are ultimately arrested of prostitution must pay the $100 HIV testing fee.)

23 NRS 207.200.

24Glegola v. State, 110 Nev. 344, 348, 871 P.2d 950, 953 (1994) (“Our review of the record on appeal reveals sufficient evidence to establish guilt beyond a reasonable doubt as determined by a rational trier of fact … In particular, Officer Blair testified that appellant offered to perform sexual acts in exchange for money. Several witnesses testified that appellant had knowledge of her HIV positive status. The jury could reasonably infer from the evidence presented that appellant committed the crime of solicitation for prostitution after notice of testing positive for HIV.”).

25 NRS 201.358.

26 NRS 207.200.

27 CCO 12.33.010.

28 Tracy Jan, Harvard Professor Gates Arrested at Cambridge Home, Boston Globe (2009).

29 Alan Maimon, Vice Enforcement's Top Offenders: Police are taking unprecedented steps to keep prostitution offenders off the Strip, Las Vegas Review Journal (February 15, 2009).

30 NRS 201.354(3).

31 NRS 193.130(e).

32 NRS 200.368.

33 NRS 201.230.

34NRS 201.300.

35 NRS 179D.

36 NRS 179.245.

37Id.

38Princess Sea Industries, Inc. v. State, Clark County, 97 Nev. 534, 537, 635 P.2d 281, 283 (1981) (“Prostitution is an activity which the State of Nevada may choose either to regulate or to prohibit entirely.”). Kuban v. McGimsey, 96 Nev. 105, 111, 605 P.2d 623, 627 (1980) (“The nature of the businesses [houses of prostitution], coupled with the burden of policing and regulation upon the county, are alone sufficient reasons for limiting the number of such businesses or, as here, the complete proscription of the businesses.”). State v. Eighth Judicial Dist. Court of State of Nev. In and For Clark County, 99 Nev. 614, 616, 668 P.2d 282, 283 (1983) (“It is generally accepted that while the Due Process Clause does protect many aspects of intimate sexual relations privately engaged in between consenting adults, a state may nevertheless constitutionally regulate and prohibit commercialized sexual activities, such as prostitution and solicitation.”).

39 NRS 244.345.

40 Guy Louis Rocha, Presentation by Nevada State Archivist of the History of Prostitution in Nevada (August 4, 1999).

41NAC 441A.800.

42 NAC 441A.805.

43 NRS 201.380.

44 NRS 201.390.

45Id.

46 Barbara Brents & Kathryn Hausbeck, State-Sanctioned Sex: Negotiating Formal and Informal Regulatory Practices in Nevada Brothels, 44 Soc. Persp. 307, 324 (2001).

47 Marshall Allen, New Era: Health authorities open brothels to male prostitutes, Las Vegas Sun (December 11, 2009).

48People v. Love, 111 Cal.App.3d Supp. 1, 15 (1980). (“By contrast, the trial court's instruction that the specific intent required was 'to communicate to another an offer of sex for money or other consideration' would make the crime of solicitation a general intent crime. Under the Hood, definition of the act would be accomplished and completed as soon as the words of solicitation were spoken. The 'communication' of the offer is only one element of the crime and the trial court's definition thus leaves out an essential element of the offense. A defendant is not guilty of the offense unless he or she seriously intends to carry through by performing an act of prostitution. A mere speaking of the words of solicitation is not enough for conviction of this offense.”).

49Glegola v. State, 110 Nev. 344, 348, 871 P.2d 950, 952 (1994) (“After reviewing other state statutes, reviewing ordinances from counties within the state, and inferring the legislature's intent, we conclude that solicitation for prostitution is a general intent crime. A person commits the crime of solicitation for prostitution if the person offers, agrees, or arranges to provide sexual conduct for a fee.”).

50Kim v. Superior Court, 136 Cal.App.4th 937, 941 (2006). (“The provision expanding section 647(b) to permit conviction for an agreement to engage in an act of prostitution was added by the Statutes of 1986, chapter 1276, section 1, pages 4457-4459 (Sen. Bill No. 2169). Senator David Roberti sponsored the bill on behalf of the City of Los Angeles. (Assem. Com. on Pub. Safety, Analysis on Sen. Bill No. 2169 (1985-1986 Reg. Sess.) as amended Aug. 11, 1986, p. 1.) At the time of the bill's introduction, unlike 24 other states with prohibitions against agreements to engage in lewd acts for money, California law barred only prostitution and its solicitation. (Ibid.) According to the proponent, “most prostitutes kn[e]w that if they wait[ed] until a customer mention[ed] money or sex, and then simply approve[d] the conditions, they [could not] be found guilty of soliciting prostitution. Consequently, street-wise prostitutes rarely 'solicit [ed]” prostitution, and undercover officers posing as customers often [were] unable to make arrests for prostitution.” ( Ibid.) The legislation was, therefore, “intended to give police another enforcement tool” on “prostitution laws that [were] difficult to enforce.” ( Ibid.)”).

51Kim v. Superior Court, 136 Cal.App.4th 937, 942 (2006). (“Senate Bill 1276 initially prohibited only the agreement to engage in an act of prostitution. (Sen. Bill No. 2169 (1985-1986 Reg. Sess.) as introduced Feb. 20, 1986.) To minimize false arrests, entrapment and use of the entrapment defense, however, the bill was amended prior to passage to include the language requiring an act in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. (Sen. Bill No. 2169 (1985-1986 Reg. Sess.) as amended Aug. 11, 1986; Sen Com. on Judiciary, Analysis on Sen. Bill. 2169 (1985-1986 Reg. Sess.) as introduced Feb. 20, 1986, pp. 4-5; Assem. Com. on Pub. Safety, Analysis on Sen. Bill No. 2169 (1985-1986 Reg. Sess.) as introduced June 30, 1986, pp. 2-3; Assem. Com. on Pub. Safety, Analysis on Sen. Bill No. 2169 (1985-1986 Reg. Sess.) as amended Aug. 11, 1986, pp. 3-4.)”).

52 California Penal Code 647 PC.

53Id.

54 Los Angeles Municipal Code 41.70.

55 8 U.S.C. § 1182(a)(2)(D).

56 INA § 237(a)(2)(A).

57 NRS 201.210.

58 NRS 201.220.

59 NRS 201.300.

60 NRS 201.300.

61 NRS 200.366.

62 NRS 200.380; NRS 205.270.

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